According to ABC Local New Jersey, a 19-year-old pedestrian was killed by a tractor-trailer in Bordentown, New Jersey on April 16. The native of Florence, NJ was walking down Route 206 near the intersection with Connector Road when the accident occurred. A passing truck driver struck the young man and called authorities immediately after.
By the time authorities arrived, it was too late. The young man’s body was found lying on the southbound lane of Rising Sun Road shortly after 11:30 p.m. near the Petro truck stop. He was struck by a 61-year-old truck driver who remained at the truck stop after the accident. Authorities are still investigating the circumstances of the impact.
The victim’s family could sue for wrongful death, a claim made by a victim’s family if their death was the alleged result of another individual or organization’s negligence. When building a case against a commercial truck driver, it is important to think about what components might have failed on the truck and lead to the accident. Two of the most common mechanical problems on commercial trucks are brake failures and defective tires.
Assuming that the truck driver attempted to stop before hitting the pedestrian but was unable to do so, there are a number of other parties that can be found liable for the accident. The manufacturer of the brakes, the company responsible for truck maintenance and the company that loaded the truck can all be found responsible for an accident. All of the potential parties will likely try to push the responsibility on to one another, but an informed attorney can help you pinpoint exactly what went wrong and who is to blame.
Brakes have to be able to decelerate with a specific braking force determined by the weight of the truck and its cargo. If, after brake testing, the brakes do not meet federal standards for deceleration and braking force, the manufacturer is likely to blame. If the brakes were depowered in the front to reduce tire wear or were poorly maintained, then the trucking company is likely to blame. Moreover, if the cargo loaded onto the bed was not distributed evenly, brakes can overheat and fail, in which case the company that loaded the truck may be liable.
A Loved One Died In A Truck Accident. What Can I Do?
Conducting an investigation into the cause of a truck accident requires the coordinated effort of accident reconstruction specialists and expert witnesses. By working alongside an experienced trucking accident attorney, you may have access to valuable resources that you would not have otherwise. There is no reason to go through the legal complications of a wrongful death claim on your own when there are experienced attorneys that will gladly represent you for free.
[Did You Know: According to the U.S. Department of Transportation, 29.4 percent of truck accidents were caused by brake failure.]
Spevack Law Firm – Middlesex County personal injury lawyers
Source: http://abclocal.go.com/wpvi/story?section=news/local&id=9505496
